directive concerning court … justice directive 04-08 amended 12/12 amended 01/16 page 3 of 19 b....

Chief Justice Directive 04-08

Amended 12/12 Amended 01/16

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SUPREME COURT OF COLORADO

OFFICE OF THE CHIEF JUSTICE

DIRECTIVE CONCERNING COURT APPOINTMENTS OF

CHILD AND FAMILY INVESTIGATORS PURSUANT TO

SECTION 14-10-116.5, C.R.S.

I. INTRODUCTION

The following policy, adopted to assist the administration of justice through the appointment and

training of child and family investigators (“CFIs”), applies to all CFIs appointed pursuant to

section 14-10-116.5, C.R.S.

In 1997, Colorado statute created CFIs, formerly “Special Advocates,” and authorized them to

investigate, report, and make independent and informed recommendations to the court, following

a court appointment by order that clearly sets forth the subject matter and scope of the CFI’s

duties. The statute permits attorneys, mental health professionals, and other individuals with

appropriate training, qualifications, and independent perspectives acceptable to the court to fill

this role.

The Commission on Families in the Colorado Courts recommended in its August 2002 Final

Report the drafting of standards to clarify the role and accountability of CFIs. The Supreme

Court’s Standing Committee on Family Issues, through its Other Professionals Subcommittee,

solicited comments from members of the public, judges, attorneys, and CFIs from around the

state and found the lack of clear standards problematic in certain key areas, including role

clarification and avoidance of multiple roles, communication issues, payment issues,

establishment of clear procedures for complaints, and consistency in court procedures. The

Other Professionals Subcommittee made several amendments in 2007 to provide clarification on

access to CFI reports and to the CFI’s role in court.

In its November 2010 Final Report, the Supreme Court Standing Committee on Family Issues

recommended a limitation on the fee charged by CFIs to eliminate investigations that are

indistinguishable from parental responsibility evaluations. In response, this Directive established

a maximum CFI fee for privately paid CFIs, while Chief Justice Directive (“CJD”) 04-05 stated

the maximum fee for state paid non-attorney CFIs and CJD 04-06 stated the maximum fee for

state paid attorney CFIs. Pursuant to amendment of section 13-91-101, C.R.S., et seq., effective

January 1, 2016, the Office of the State Court Administrator (“SCAO”) oversees state pay and

private pay CFIs, whether attorney or non-attorney. CJD 04-05 governs the rates, presumptive

maximum fees, and billing procedures for state pay CFIs.

CFI investigations are not, by definition, parental responsibility evaluations. The purpose of a

CFI investigation is to provide a brief assessment that is nonintrusive, efficient, and cost-

effective. If a CFI finds that a case warrants a more comprehensive assessment, s/he can provide

that recommendation to the court. The court may then choose to appoint a parental responsibility

evaluator other than the appointed CFI or take other necessary action. A CFI appointment may

expand in scope to appointment as a parental responsibility evaluator for an appointee qualified

pursuant to section 14-10-127, C.R.S., only upon written stipulation of the parties approved by

the court.



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The CFI standards and duties of the courts set forth in this Directive recognize that people from

different professions and backgrounds will serve as CFIs. These standards guide CFI conduct

and provide a structure for their regulation to better serve Colorado families. The standards do

not, however, exhaust the ethical and professional considerations that should inform a CFI in his

or her duties. Violation of a standard should not, in and of itself, give rise to a cause of action,

nor should it create any presumption that the CFI breached a legal duty or committed a

professional ethical violation. The statutory purpose and definition of a CFI should guide

interpretation of the CFI standards. The comments accompanying each standard explain and

illustrate the meaning of the standard and shall also guide its interpretation.

II. STATUTORY AUTHORITY AND EXISTING CHIEF JUSTICE DIRECTIVES

A. This Directive sets forth a comprehensive set of standards for all CFIs appointed pursuant

to section 14-10-116.5, C.R.S., and also sets forth the courts’ duties when appointing CFIs.

Section 14-10-116.5, C.R.S., authorizes the courts to appoint CFIs in domestic relations cases.

Attorneys, mental health professionals, and other individuals with appropriate training,

qualifications, and independent perspectives acceptable to the courts may serve as CFIs. The

statutorily defined role of the CFI is to investigate, report, and make recommendations to the

court on issues affecting the best interests of the minor and dependent child/ren involved in

domestic relations cases. The order of appointment shall clearly set forth the subject matter and

scope of the CFI’s duties. See “Order Appointing Child and Family Investigator pursuant to §14-

10-116.5,” (“JDF 1318”).

B. Effective January 1, 2016, CJD 04-05 addresses appointment and payment procedures for

all state paid CFIs. Prior to January 1, 2016, CJD 04-06 addressed appointment of state paid

attorney CFIs through the Office of the Child’s Representative.

III. MAXIMUM FEES

A. Privately Paid CFIs.

1. Investigation and Report. For appointments made after the effective date of this

Directive, the presumptive maximum fee for the investigative and reporting work of privately

paid CFIs is $2,750 per appointment. The fee shall not exceed this presumptive $2,750 cap

without prior court approval in the form of a written order with specific findings concerning the

extraordinary circumstances justifying the excess fees.

2. Testimony and Preparation Time. In some matters, the parties may seek or the

court may order a privately paid CFI to testify. In such matters, a presumptive maximum fee of

$500 per appointment shall govern this testimony, including preparation or other work

performed in association with giving testimony. The total testimony and preparation fees of a

privately paid CFI shall not exceed this presumptive $500 cap without prior court approval in the

form of a written order with specific findings concerning the extraordinary circumstances

justifying the excess fees.

3. Hourly Rate. Every order appointing a privately paid CFI shall state the CFI’s

hourly rate. If the CFI charges one rate for investigative and reporting work and another rate for

testimony and preparation time, the CFI appointment order shall state both hourly rates.



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B. State Paid CFIs. Effective January 1, 2016, CJD 04-05 establishes the maximum hourly

rates and maximum total fee per appointment for state paid CFIs, whether attorney or non-

attorney. The SCAO provides payment of CFIs for matters in which one or more of the parties

are found to be indigent. CFIs seeking fees that exceed the maximum allowable amount must

comply with the procedures set forth in CJD 04-05.

IV. GUIDELINES FOR APPOINTMENT

A. Eligibility for appointment as a CFI requires:

1. An “Affidavit of Mandatory Consent and Disclosure for Eligibility of

Appointment as a Child and Family Investigator and Placement on Statewide Eligibility Roster”

(“CFI Affidavit”).

2. A successful background check through processes and guidelines established by

the SCAO. Prospective CFIs are responsible for completing this process and paying the

associated fees. CFIs should allow a minimum of four weeks for completion of the background

check.

3. Completion of the mandatory Colorado Judicial Department Child and Family

Investigator training referenced in Standard 6 of section VIII.C. of this Directive.

4. Selection for the Statewide Eligibility Roster and Judicial District Eligibility

Rosters.

B. Placement on Eligibility Rosters.

1. Statewide Eligibility Roster. Based on the CFI Affidavit, background check, and

statewide or local need for additional CFIs, the SCAO will determine whether to place the CFI

on the Statewide Eligibility Roster. Only individuals listed on the Statewide Eligibility Roster

may serve as CFIs.

2. Judicial District Eligibility Rosters. Each judicial district will compile and

maintain its own eligibility roster from CFIs on the Statewide Eligibility Roster. Only individuals

listed on the Statewide Eligibility Roster and the eligibility roster of one or more judicial districts

may serve as CFIs.

3. Policies Governing CFI Eligibility and Appointment. The SCAO shall establish

and disseminate policies governing CFI appointment and eligibility. See

http://www.courts.state.co.us/Administration/Section.cfm?Section=jp3domprog.

V. COMPLAINTS

A. Only parties, their counsel of record and judicial officers may file complaints regarding

CFI noncompliance with the order of appointment or the Standards of Practice set forth in

section VIII of this Directive. Individuals filing complaints must do so through the online “Child

and Family Investigator Formal Complaint Procedures and Form” (“CFI Complaint Form”) on the

Colorado Judicial website,

http://www.courts.state.co.us/Administration/Section.cfm?Section=jp3domprog, or through printing

the online form and providing it by mail or in person to the applicable District Administrator.

Complaints shall be made no later than one year following the termination of the CFI appointment.

http://www.courts.state.co.us/Administration/Section.cfm?Section=jp3domprog

http://www.courts.state.co.us/Administration/Section.cfm?Section=jp3domprog



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No investigation shall occur for complaints made more than one year following termination of the

CFI appointment or involving an individual not listed on the Statewide Eligibility Roster.

B. Within 10 days of receiving a CFI Complaint Form, the District Administrator shall

forward the complaint to the judge presiding over the matter in which the CFI was appointed so that

the judge may determine whether to take any immediate preventative or corrective action.

C. The judicial district shall then begin an investigation to determine whether the complaint is

founded, and what action, if any, to take in resolving the concerns raised by a founded complaint. If

the complaint concerns a pending matter, the District Administrator or judge may defer

investigation of the complaint until resolution of the pending matter. A district’s decisions as to

whether a complaint is founded and as to what action to take, if any, are final decisions that are not

appealable.

D. For founded complaints involving attorney CFIs, the District Administrator shall inform the

Colorado Supreme Court Office of Attorney Regulation Counsel (“Attorney Regulation”) and

notify the complainant of the founded complaint. In providing notice to Attorney Regulation, the

District Administrator will provide a copy of the complaint, investigation report and CFI report,

redacting the names, addresses and birthdates of the children and collateral witnesses. The District

Administrator will mark these redacted documents “Confidential pursuant to CJD 04-08” before

providing them to Attorney Regulation. The District Administrator will also request that Attorney

Regulation inform the judicial district and the SCAO of the final outcome of any professional

conduct investigation.

E. For any founded complaints involving CFIs who are mental health professionals regulated

by the Department of Regulatory Agencies (“DORA”), the District Administrator shall inform

DORA and notify the complainant of the founded complaint. In providing notice to DORA, the

District Administrator will provide a copy of the complaint, investigation report and CFI report,

redacting the names, addresses and birthdates of the children and collateral witnesses. The District

Administrator will mark these redacted documents “Confidential pursuant to CJD 04-08” before

providing them to DORA. The District Administrator will also request that DORA inform the

judicial district and the SCAO of the final outcome of any professional conduct investigation.

F. No later than 60 days after receiving a CFI Complaint Form, the District Administrator shall

provide a written response of some kind to the complainant.

G. No later than 10 days after a judicial district issues a final decision regarding a complaint,

the District Administrator shall forward to the SCAO the result of the investigation, including any

action taken by the judicial district. Upon a request by the SCAO, the District Administrator shall

forward to the SCAO a copy of the complaint file, including the CFI Complaint Form, information

obtained during the complaint investigation, and other relevant information.

H. If a judicial district fails to conduct an investigation pursuant to the procedures set forth in

the CFI Complaint Form or this Directive, the SCAO may conduct its own investigation and take

any action necessary to resolve issues raised by a founded complaint.

I. The judicial district and the SCAO may publicly disclose only the existence of a founded

complaint, the date of the finding, the standard violated, and the sanction imposed.



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VI. SANCTIONS

A. Failure of a CFI to comply with this Directive may result in sanctions, up to and including

removal from one or more judicial district eligibility roster(s) and/or the Statewide Eligibility

Roster.

B. Regardless of the filing of a complaint, if a judicial district, in consultation with its Chief

Judge, determines that a CFI is no longer suitable for appointment in that judicial district and

removes the CFI from the judicial district’s eligibility roster, the District Administrator shall inform

the SCAO of the reason for removal. The SCAO may also remove the CFI from the Statewide

Eligibility Roster.

C. Regardless of the filing of a complaint, if the SCAO determines that a CFI is no longer

suitable for appointment, the SCAO may remove the CFI from the Statewide Eligibility Roster.

Judicial districts shall also remove the CFI from district eligibility rosters.

VII. LIABILITY, MALPRACTICE, AND GRIEVANCES

A. If a CFI can obtain professional liability insurance, the CFI must maintain such insurance

for work performed as a CFI. CFIs with professional liability insurance must provide written notice

to the SCAO within five days if such insurance coverage terminates and must not accept CFI

appointments until reinstatement of coverage.

B. Anyone who has filed a CFI Affidavit shall notify the SCAO in writing within five days of

his or her notification of any malpractice suit or criminal charge brought or filed against him or

her or notification of any grievance, formal complaint or disciplinary action that is under

investigation. CFIs shall likewise notify the SCAO in writing within five days of notification of

any malpractice suit or criminal charge brought or filed against members of the CFI’s staff who

are approved to attend home visits or any grievance, formal complaint, or disciplinary action

under investigation against any members of the CFI’s staff approved to attend home visits

pursuant to the “Practice Guideline – Use of Support Staff, CJD 04-08 Standard 8.”

VIII. STANDARDS OF PRACTICE

A. General Principles

Standard 1. The CFI shall act professionally.

Standard 2. The CFI shall maintain objectivity.

B. Role of the Child and Family Investigator

Standard 3. The CFI serves as an investigative arm of the court.

Standard 4. The CFI shall not serve inconsistent dual roles.

Standard 5. The CFI may move to the role of parenting coordinator, decision-maker or

arbitrator.

C. Duties of the Child and Family Investigator

Standard 6. The CFI shall establish and maintain competence through training.



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Standard 7. The CFI shall acknowledge when an issue is beyond his or her

competence.

Standard 8. The CFI shall collect data and conduct an investigation sufficient to allow

the CFI to provide competent opinions.

Standard 9. The CFI shall have age-appropriate communication with the child/ren

involved.

Standard 10. The CFI shall report child abuse to the proper agency and the court.

Standard 11. The CFI shall prepare a clear, concise and timely report.

Standard 12. The CFI shall provide copies of his or her file.

Standard 13. The CFI shall not conduct psychological testing. The CFI shall not

perform or require drug, alcohol, polygraph or other testing, inspection or

evaluation unless specifically ordered by the court.

Standard 14. The CFI shall maintain confidentiality.

Standard 15. The CFI appointment shall terminate no later than entry of permanent

orders or the post-decree order.

D. Communications

Standard 16. The CFI shall develop written policies for the parties.

Standard 17. The CFI shall develop written policies for counsel.

Standard 18. The CFI shall review the court’s order of appointment.

Standard 19. The CFI shall have no private or ex parte communications with the court.

STANDARDS OF PRACTICE

A. General Principles

Standard 1. The CFI shall act professionally.

CFIs shall provide their services in a manner consistent with the highest

professional standards. They shall be accurate and honest in their work and in their

communications with the parties and the court. While the best interests of the child/ren are

paramount, CFIs shall respect the rights, the dignity, and the welfare of the parties and the

child/ren with whom they work.

COMMENT

Within the scope of the order of appointment, the CFI’s primary responsibility is to

thoroughly explore, understand, and accurately convey to the court the best interests of the

child/ren served, as defined in section 14-10-124, C.R.S., or consistent with the applicable post-

decree legal standard. In meeting this responsibility, the CFI should understand that s/he is

working with families at a difficult and stressful time. S/he should attempt to establish a positive

and constructive professional working relationship with family members.



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The CFI should be mindful of the diverse nature of families and respect cultural,

individual, and role differences, including those based on age, gender, gender identity, race,

ethnicity, culture, national origin, religion, sexual orientation, disability, language, and

socioeconomic status, and should consider these factors when working with a family. S/he

should be sensitive to the separate interests, rights, wishes, and concerns of the parents, child/ren,

and other parties in a case. S/he must remember that s/he is in—and is viewed as being in—a

position of influence over a family’s future.

During the course of his or her work, a CFI will communicate with a variety of

individuals and agencies through interviews, phone contact, faxes, e-mail, or written

correspondence. There is no one right way to communicate, but a CFI should be aware of his or

her position as an investigative arm of the court.

Standard 2. The CFI shall maintain objectivity.

The CFI shall maintain objectivity and independence. To avoid a conflict of interest

or an appearance of impropriety, the CFI shall not seek or accept an appointment if the

CFI has or has had a financial, familial, or social relationship with the parents, child/ren,

counsel, or other parties involved in the case. If the CFI becomes aware of an

insurmountable bias or prejudice in dealing with a case, s/he shall ask the court to

terminate the appointment with proper notice to the parties.

COMMENT

Within seven days of appointment, the CFI must file JDF 1338, Mandatory Disclosure,

requiring the disclosure to each party, attorneys of record, and the court the existence or non-

existence of any past or present familial, financial, or social relationship with the child, either

party, the attorneys of record, or the judicial officer. If such a relationship exists, the CFI must

disclose the nature of the relationship. The CFI shall not accept or seek an appointment when

such relationships exist.

A CFI must base opinions on an independent fact-finding investigation and review of a

case as the court’s investigative arm. S/he should guard against undue influence from

conclusions of other professionals involved with the case in the past or presently. S/he should

guard against the appearance of alignment with one side over the other. If, through no fault of the

CFI, the CFI cannot set aside a bias or feelings that may develop when working with challenging

parties or high conflict families, the CFI must notify the court and request removal from the case.

B. ROLE OF THE CHILD AND FAMILY INVESTIGATOR

Standard 3. The CFI serves as an investigative arm of the court.

The CFI serves as an investigative arm of the court. The CFI must gather

information, formulate recommendations, and report to the court concerning the

child/ren’s best interests, as set forth in the order of appointment. The parties may

conduct direct or cross-examination of the CFI if the CFI testifies.



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COMMENT

This Directive does not prescribe a regimented set of investigative steps that a CFI must

follow, but rather emphasizes the primary role of the CFI in providing information and making

recommendations to allow the parties, counsel, and the court to craft orders that best serve the

child/ren. As the issues in each family are unique, the type, scope, or extent of investigation will

vary.

These standards should not limit the flexibility of the parties and court when deciding

upon the appointment of a CFI and when preparing the order of appointment. Within the scope

of the order of appointment, this flexibility allows the CFI to use the information gathered to

facilitate or encourage settlements, if appropriate. A CFI may participate in conferences with the

parties and/or the court, consistent with the order of appointment.

Standard 4. The CFI shall not serve inconsistent dual roles.

The CFI shall not: (a) serve as a formal mediator in the case; (b) provide

psychotherapy to any of the parties or children in the case; (c) provide legal advice to any

party or otherwise act as an attorney in the case; (d) later accept an appointment as a

child’s legal representative (“CLR”) in the same case or in the same family; (e) accept the

appointment if s/he had a prior personal relationship or a prior professional role with the

family, other than a prior appointment as a CFI; (f) serve as an arbitrator or special

master in the case prior to termination of his or her role as a CFI; or (g) except upon

request of the court or written request of the parties, provide referrals for other

professionals.

COMMENT

(a) Mediation. Because CFIs investigate, prepare reports and make recommendations,

they cannot, by definition, promise confidentiality to the parties. In contrast, mediation is

confidential, as set forth in section 13-22-307, C.R.S. The CFI’s primary duty is advising the

court on the child/ren’s best interests with regard to specific issues and not resolving such issues

for the parties.

(b) Psychotherapy. As with mediators, therapists have a duty of confidentiality to their

clients that conflicts with a CFI’s duties. The roles, purposes, goals, responsibilities,

approaches, and professional and ethical requirements of a treating therapist conflict with those

of a CFI.

(c) Legal Advice. A CFI must investigate and submit a report consistent with the court

order. A CFI cannot provide legal advice to any party. An attorney CFI cannot perform a dual

role as advisor and investigator. A non-attorney CFI cannot engage in the unauthorized practice

of law.

(d) Child’s Legal Representative. The roles of the CFI and CLR conflict. Section 14-10-

116.5(1), C.R.S., specifically prohibits this dual role.

(e) Prior Contacts. A CFI must avoid multiple relationships that could reasonably be

expected to impair objectivity, competence or effectiveness. For example, service as a CFI would



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impair objectivity and compromise prior therapeutic relationships and pre-existing alliances and

loyalties between a therapist, attorney, other professional or friend.

(f) Arbitrator or Special Master. A CFI must not serve in any role that would require the

arbitration of disputes between parties since doing so would require a CFI to take positions that

would compromise the ability to gather information and serve as the investigative arm of the

court.

(g) Referrals. Because a CFI is the investigative arm of the court, a CFI must not make

referrals or recommendations to the parties or to the court for specific professionals, unless the

party makes a written request for referral or recommendation or unless the court requests a

referral or recommendation.

Standard 5. The CFI may move to the role of parenting coordinator, decision-maker or

arbitrator.

In some cases, a CFI may agree to move to the role of parenting coordinator (“PC”),

decision-maker (“DM”) or arbitrator after completing all CFI duties and after termination

of the CFI appointment. CFIs may move to the role of PC or DM only with the written,

informed consent of the parties and the CFI. The CFI who accepts an appointment as a PC,

DM or arbitrator shall not accept a subsequent appointment as CFI in the same case.

COMMENT

At the conclusion of the CFI’s investigation and upon entry of orders, the family may

need assistance from a third party, such as assistance resolving parenting disputes. Some parties

may find that the CFI’s prior investigation and familiarity with the family dynamics would

facilitate the resolution of issues. Following termination of the CFI appointment, upon agreement

of the parties and the CFI, the CFI may accept a court appointment as PC, DM or arbitrator by a

new appointment order clearly outlining the new duties. These CFI standards do not apply to

service as a personal responsibility evaluator, PC, DM or arbitrator.

C. DUTIES OF THE CHILD AND FAMILY INVESTIGATOR

Standard 6. The CFI shall establish and maintain competence through training.

The SCAO shall establish policies governing the implementation of training

standards and make them available online through the state court website,

www.courts.state.co.us, consistent with the following conditions:

(a) Individuals seeking placement on the Statewide Eligibility Roster shall

submit the completed mandatory CFI Affidavit, demonstrating a minimum level of

competence that includes the understanding of legal and psychological/social issues

common in dissolution or parenting cases.

(b) Individuals seeking placement on the Statewide Eligibility Roster shall

complete the mandatory Colorado Judicial Department Child and Family Investigator

training curriculum established by the SCAO.

http://www.courts.state.co.us/



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(c) Every three years, CFIs shall complete at least 15 hours of continuing

education in relevant areas.

COMMENT

A CFI attains a level of competence through a combination of education, specialized

training, and professional experience. S/he has a responsibility to develop and demonstrate the

necessary understanding of the applicable law and the professional standards that govern the role

of CFI, set forth in section 14-10-116.5, C.R.S. The mandatory CFI Affidavit must contain

supporting documentation that demonstrates experience, education or skills pertaining to relevant

areas, including but not limited to:

(a) The effects of divorce, single parenting, and remarriage in children, adults, and

families;

(b) Dynamics of high conflict divorce;

(c) Child development, including cognitive, personality, emotional, and

psychological development;

(d) Child and adult psychopathology;

(e) Family dynamics and dysfunction;

(f) Domestic violence;

(g) Substance abuse;

(h) Child abuse;

(i) Parenting capacity;

(j) Diversity issues;

(k) Available services and resources for the child/ren and parties, including medical,

mental health, educational, and special needs;

(l) Applicable legal standards; and

(m) Techniques for interviewing children and others.

A CFI must maintain records of training and ongoing education and must provide those records

upon request of a judicial district, judicial officer or the SCAO.

Standard 7. The CFI shall acknowledge when an issue is beyond his or her competence.

A CFI has a duty to recognize and inform the parties and the court when an issue

falls outside of his or her training or experience.

COMMENT

When the CFI recognizes that an issue exceeds his or her training or experience, the CFI

shall inform the parties and the court, with proper notice, and request amendment or termination

of the order of appointment, if appropriate. The CFI may inform the court of the professional

qualifications that might better assist with the investigation. The CFI may not make specific

referrals for professionals or providers unless a party makes a written request for referral or



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recommendation or unless the court requests a referral or recommendation, pursuant to Section

VIII, Standard 4, of this Directive.

Standard 8. The CFI shall collect data and conduct an investigation sufficient to allow the

CFI to provide competent opinions.

A CFI shall complete a fact-finding investigation consistent with the order of

appointment, the applicable legal standard, and the complexity of the issues.

COMMENT

A CFI must exercise care to assure both fairness and the appearance of fairness, allowing

the parties relatively comparable opportunities to present their perspectives. Depending on the

case, the CFI may need information from collateral sources, such as teachers or therapists; may

need to review school, medical, Department of Human Services or other records; may need to

check criminal histories or obtain results of drug testing; or may require other case-specific

information. The flexibility of the CFI role allows the court to set forth specific areas to

investigate under the order of appointment.

A CFI must use data collection methods that are consistent with accepted professional

standards. S/he must indicate any limits to the data or information and how those limits may

impact the CFI’s recommendations. S/he must maintain clearly documented records to ensure

accountability, recognizing the discoverable nature of the CFI file.

Standard 9. The CFI shall have age-appropriate communication with the child/ren

involved.

The CFI shall inform the child/ren of the purpose of the CFI’s involvement and the

limits of confidentiality. S/he shall obtain information from the child/ren, including their

wishes, through appropriate interview techniques.

COMMENT

The CFI should explain the nature of the legal proceeding or issues to the child/ren in a

developmentally appropriate manner. The CFI should ask non-suggestive questions, with the

awareness that a child’s stated views may vary over time or may reflect fear, intimidation, or

manipulation. While the CFI must consider the wishes of the child/ren, s/he need not adopt them

unless they serve the child/ren’s best interests.

Standard 10. The CFI shall report child abuse to the proper agency and the court.

Child and Family Investigators are mandatory reporters pursuant to section 19-3-

304, C.R.S. If the CFI has reasonable cause to know or suspect that a child has been

subjected to abuse or neglect or has observed the child being subjected to circumstances or

conditions that would reasonably result in abuse or neglect, the CFI shall take the steps

required under section 19-3-307, C.R.S., to notify law enforcement, the county Department

of Human Services, or the child abuse reporting hotline.



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COMMENT

If the child/ren are not optimally cared for or the parents’ conflict or interactions are

harmful but not abusive, the CFI should address the problem in any oral or written CFI report or

recommendation to the court.

Standard 11. The CFI shall prepare a clear, concise and timely report.

The CFI shall present his or her conclusions and recommendations in a timely

manner to the parties and the court in a clear, concise and non-technical written report,

based upon information obtained in the course of the fact-finding investigation. The report

is timely if filed in accordance with the order of appointment or other order of the court. If

the court order does not specify the due date, the report is timely if filed at least 35 days

before the trial or hearing.

COMMENT

The CFI shall produce a concise report, recognizing the limitations on the specific issues

governing the CFI appointment and the CFI’s compensation. The CFI should write the report for

review by the parties, the court, and, if applicable, counsel. The report must include information

about the CFI’s investigation and data collection process and must address the applicable legal

standard. The report must set forth the CFI’s conclusions and recommendations consistent with

the order of appointment. It should also set forth the child/ren’s wishes, even if the CFI’s

recommendations differ from those wishes. The report should not recite all information obtained

during the course of the investigation, but rather summarize legally relevant information

consistent with the order of appointment. The report should not include opinions and

recommendations beyond the scope of the order of appointment unless otherwise authorized.

A CFI’s report must list all services performed by the CFI and must detail the time spent.

The CFI must keep accurate, itemized records of the CFI’s fees and other charges and shall make

his or her records available to the parties in accordance with Section VIII, Standard 12, of this

Directive.

Standard 12. The CFI shall provide copies of his or her file.

Upon written request of the parties or their counsel, the CFI shall make the CFI file

available after filing the CFI report and prior to the hearing in the case. The CFI file shall

include CFI notes, data, witness statements, completed questionnaires, and any

information underlying the CFI’s report, subject to the confidentiality requirements in

Section VIII, Standard 14, of this Directive and the Address Confidentiality Program. CFIs

must maintain files for seven years following the termination of appointment.

COMMENT

A CFI has an obligation to document and upon written request, provide all information

that forms the basis for his or her opinions and recommendations within 14 days of receiving the

written request, unless otherwise ordered by the court. A CFI may not release underlying data,

reports, testing, or evaluations completed by a professional other than the CFI without an order

from the appointing court.



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This Directive shall not abridge or modify existing law. Where state or federal law

governs the release of confidential records, those laws shall apply. Where state or federal law

prohibits secondary disclosure, the CFI shall transmit information under confidential cover. CFIs

may not release information protected by the Address Confidentiality Program, section 24-30-

2101, C.R.S., et seq. If a CFI believes that the release of any information would endanger a

person’s welfare, s/he should inform counsel and the court of these concerns and await further

order from the court before releasing the information.

The CFI may deliver the file to a photocopy business for duplication or scanning if the

business assures confidential treatment of the file. Otherwise, the CFI may charge $0.25 per page

scanned or duplicated by the CFI. The CFI may not charge for time spent duplicating or

scanning.

Standard 13. The CFI shall not conduct psychological testing. The CFI shall not perform

or require drug, alcohol, polygraph or other testing, inspection or evaluation unless

specifically ordered by the court.

If the CFI believes testing, inspection, or evaluation would benefit the parties or

child/ren and would assist the court, the CFI shall notify the court and parties as soon as

possible and shall include this information in the CFI report. This prohibition does not

prevent the CFI from conducting domestic violence screening the CFI is competent to

perform.

COMMENT

Consistent with distinguishing the roles of CFI and parental responsibility evaluator, the

CFI investigation is limited in time and scope. Under no circumstance may a CFI conduct

psychological testing. When the court specifically orders a drug or alcohol or other evaluation, a

qualified individual shall conduct such evaluation. CFIs qualified to conduct drug and alcohol

evaluations may do so only if specifically ordered.

Standard 14. The CFI shall maintain confidentiality.

The CFI shall maintain the confidentiality of the file and report. The CFI shall

disclose the file and/or report only to the parties and their counsel or by court order.

COMMENT

The CFI shall not disclose the CFI report and underlying information in any proceeding

other than the proceeding before the appointing court, absent the appointing court’s

determination that the need for the requested information outweighs the need for privacy.

Pursuant to section 14-10-126(2), C.R.S., the CFI report and, by implication, the CFI file, “shall

otherwise be considered confidential and shall be sealed and shall not be open to inspection,

except by consent of the court.” See Section VIII, Standard 12, of this Directive for additional

guidance. Because the CFI report and file are under seal, a CFI has no authority to produce these

sealed documents, nor may the CFI disclose their contents absent an order from the appointing

court.

Notwithstanding the above, in responding to professional grievances or complaints with

the Department of Regulatory Agencies or Office of Attorney Regulation Counsel related to



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performance of the CFI role, a CFI may provide the regulatory agency with a copy of the CFI

report and any investigation report regarding a CFI complaint, redacting the names, addresses

and birthdates of the children and collateral witnesses. In doing so, the CFI must mark the

report(s) “Confidential pursuant to CJD 04-08.” The CFI must also comply with the Address

Confidentiality Program, section 24-30-2101, C.R.S., et seq.

Standard 15. The CFI appointment shall terminate no later than entry of permanent

orders or the post-decree order.

The court may terminate the CFI appointment earlier, but in no event shall the CFI

appointment terminate later than entry of permanent orders or the post-decree order

resolving the issue for which the court appointed the CFI.

COMMENT

Judicial officers should terminate appointments upon the filing of the CFI report, thereby

reducing the cost of CFI investigations. Continuing the CFI appointment beyond permanent

orders or adjudication of the relevant post-decree motion is an abuse of discretion. The parties’

inability to communicate is not a basis for continuing a CFI appointment. The court cannot

delegate to a CFI clarification of a parenting plan or resolution of parenting issues. Even if the

court adopts a CFI’s recommendations, the court, rather than the CFI, issues the findings and

rulings. The court cannot transfer judicial decision-making power and authority to a CFI.

D. COMMUNICATIONS

Standard 16. The CFI shall develop written policies for the parties.

The CFI shall develop written policies and procedures for the parties and upon

appointment, provide them to the parties, along with a copy of the order of appointment.

The information shall include:

(a) The nature and scope of the services provided;

(b) The CFI’s qualifications;

(c) The CFI complaint process, including contact information for the SCAO and

other applicable regulatory or disciplinary agencies governing the CFI;

(d) Fees and billing procedures, including procedures for nonpayment of fees;

(e) Communication protocols;

(f) Protocols for handling sensitive information;

(g) The limitations of confidentiality; and

(h) The CFI’s mandatory reporting obligations.



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COMMENT

Billing statements must list all services performed, detailing the time spent and charges

incurred.

Standard 17. The CFI shall develop written policies for counsel.

The CFI shall develop written policies for counsel regarding communication and the

handling of sensitive information. Upon appointment, the CFI shall provide these written

policies to counsel.

COMMENT

Upon appointment, CFIs might find it helpful to consult with counsel of record regarding

timing issues and concerns that develop during the course of the CFI investigation. A CFI may

not engage in non-disclosed communications with one party or one party’s counsel. However,

the CFI, parties, and counsel may enter into a written agreement for a different procedure

concerning communication before the CFI begins work on the case.

Standard 18. The CFI shall review the court’s order of appointment.

Upon appointment, the CFI shall review the court’s order of appointment and ask

for clarification or modification of the order when necessary.

COMMENT

A CFI must have a specific and properly executed court order defining the CFI’s role and

authority. If the requirements of the order conflict with the CFI’s professional ethical obligations

or with the Standards of this Directive, the CFI should take steps to resolve the conflict. For

example, if the order requires the CFI to act beyond the scope of his or her competence or to

perform prohibited dual roles, the CFI must inform the court and the parties, or their counsel if

they are represented. If the conflict remains unresolved, the CFI must request termination of the

CFI appointment.

If the order sets fees and retainer amounts that conflict with the CFI’s business practices,

s/he should inform the court and request an amended order or termination of the appointment.

The CFI should address these issues immediately upon notice of appointment and before

beginning work on the case.

Standard 19. The CFI shall have no private or ex parte communications with the court.

The CFI shall have no private or ex parte communications with the court.

COMMENT

An ex parte communication is any communication in which at least one party lacks notice and an

opportunity to participate. A CFI may need to communicate with the court to obtain clarification

of the order of appointment or applicable legal standard, to inform the court of a party’s lack of

cooperation or refusal to pay the CFI fee, or to report harm or risk of harm to the child/ren. A

CFI may communicate with the court through a letter or short written report with copies to the

parties and counsel, during a status conference or hearing, or through a conference call to the



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court with counsel and any unrepresented parties. A CFI may make a written request to address

the court, with notice to the parties and counsel. Attorney CFIs shall not communicate with the

court through the filing of motions because the CFI is an investigator, not a party or counsel for a

party.

IX. THE COURT’S AUTHORITY, ROLE, AND RESPONSIBILITIES RELATED TO

CHILD AND FAMILY INVESTIGATORS APPOINTED PURSUANT TO

SECTION 14-10-116.5, C.R.S.

Standard A. The court shall ensure compliance with the CFI standards.

Standard B. The court shall specifically define the scope and subject matter of the

CFI’s role in the order of appointment.

Standard C. The court shall allocate the costs for CFI services and enforce its payment

orders.

Standard D. The court shall terminate the CFI’s appointment no later than entry of

permanent orders or the post-decree order.

Standard E. The court shall not appoint the CFI to inconsistent dual roles.

Standard F. The court shall ensure the confidentiality of CFI reports.

DUTIES AND RESPONSIBILITIES OF THE COURT

Standard A. The court shall ensure compliance with the CFI standards.

The court shall appoint a qualified CFI and shall monitor any complaints

concerning the CFI’s services.

COMMENT

Children deserve to have parental responsibility proceedings conducted in the manner

least harmful to them and most likely to provide judicial officers with the facts needed to decide

the case. Because the CFI is the investigative arm of the court, the court is responsible for

ensuring that the CFI is qualified, for monitoring compliance with this Directive, and for

addressing issues of competency or other concerns in a manner that provides an opportunity to

remedy unethical or inappropriate conduct, including through the litigation process. The court

should hold periodic meetings with CFIs to clarify procedures and expectations but not in

connection with a specific case unless all parties are present.

Standard B. The court shall specifically define the scope and subject matter of the CFI’s

role in the order of appointment.

The court shall define the subject matter and scope of the CFI’s role in an order of

appointment that substantially complies with JDF 1318, “Order Appointing Child and

Family Investigator pursuant to §14-10-116.5, C.R.S.”

COMMENT

The CFI is the court’s investigative arm and serves at the direction and behest of the

court. Section 14-10-116.5, C.R.S., requires that the “subject matter and scope of the [CFI’s]



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duties shall be clearly set forth in the court’s order of appointment.” Consistent with

distinguishing the roles of CFI and parental responsibility evaluator, the CFI investigation is

limited in time and scope. Accordingly, the court shall provide guidance and specific

expectations in the order of appointment, including the scope and subject matter of the

investigation, taking into account the parties’ financial circumstances.

In setting forth the CFI’s duties, the court should provide for the least intrusive means of

ascertaining the child/ren’s best interests, which cannot include psychological testing by the CFI.

The court may specifically order the CFI to perform or require other testing, inspection or

evaluation. When the court specifically orders a drug or alcohol or other evaluation, a qualified

individual shall conduct such evaluation. CFIs qualified to conduct drug and alcohol evaluations

may do so only if specifically ordered.

Standard C. The court shall allocate the costs for CFI services and enforce its payment

orders.

The court shall specify in writing the allocation and payment of the CFI fees. The

court shall enforce its orders for payment to ensure the provision of adequate and

predictable compensation consistent with the provisions of this CJD.

COMMENT

Section 14-10-116.5(3), C.R.S., requires the court to enter an order for costs, fees, and

disbursements for the CFI. The parties shall bear these costs unless a party is found indigent, in

which case the state shall pay the costs, pursuant to CJD 04-05.

The court is responsible for enforcing its order concerning CFI payment through its

contempt power. When nonpayment or partial payment issues arise, the CFI may notify the

court regarding nonpayment and ask for guidance. In its discretion, the court should determine

the appropriate course of action, such as continuing court dates, finding parties in contempt, or

reallocating the CFI fees among the parties. Because the CFI is the investigative arm of the court

and performs valuable duties for the court, the court is responsible for overseeing and ensuring

compliance with its appointment and fee order.

Standard D. The court shall terminate the CFI appointment no later than entry of

permanent orders or the post-decree order.

The court may terminate the CFI appointment earlier, but in no event shall the CFI

appointment terminate later than entry of permanent orders or the post-decree order

resolving the issue for which the court appointed the CFI.

The order of appointment shall state the due date for the CFI report and the

termination date for the CFI appointment. The report is timely if filed in accordance with

the order of appointment or other order of the court. If the court order does not specify the

due date, the report is timely if filed at least 35 days before the trial or hearing.

COMMENT

For guidance, see the comment to Section VIII, Standard 15, of this Directive.



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Standard E. The court shall not appoint the CFI to inconsistent dual roles.

The court shall not appoint the CFI to serve in dual roles that are inconsistent and

conflictual.

COMMENT

For guidance, see the comment to Section VIII, Standard 4, of this Directive.

Standard F. The court shall ensure the confidentiality of CFI reports.

Because CFI reports often contain personal information, including medical,

psychological, substance abuse, or educational information, the court shall ensure their

confidentiality and maintain them under seal.

COMMENT

Courts appoint CFIs to gather information for the court’s use in making decisions in the

child/ren’s best interest. As recognized in section 14-10-126(2), C.R.S., the requirement of

confidentiality prevents the sharing of information about the private lives, failures, and

shortcomings of the child’s family, contrary to the child’s best interests. The court is also more

likely to receive complete and candid information with the assurance of confidentiality. Finally,

the assurance of confidentiality aids CFIs when confronted by parties or lawyers outside of the

domestic case who attempt to subpoena highly personal information contained in the CFI file and

report. The court appointing the CFI must perform an in camera review of the requested

documentation to make decisions about its release or duplication. For additional guidance, see

the comment to Standard 14 of Section VIII of this Directive. In subsequent actions, neither the

court nor parties should rely on the report unless the CFI is subject to direct and cross-

examination.

Effective September 1, 2004. Amended to reflect statutory amendments and effective November

18, 2005.

Modified and corrected as to statutory references only on the 23rd day of January, 2006, in

Denver, Colorado.

Amended to provide clarification on issues related to the nature of the CFI’s role and records

access and effective January, 2008, in Denver, Colorado.

Amended to provide clarification on issues related to the nature of the CFI’s role and fees and

made effective April, 2011, in Denver, Colorado.

Amended to provide clarification on issues related to the nature of the CFI’s role, fees,

guidelines for appointment, complaints, and sanctions and made effective November, 2011, in

Denver, Colorado.

Amended to include training and certification requirements, December, 2012.



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Amended to reflect the transition of oversight for state pay attorney CFIs from the OCR to the

SCAO, effective January 1, 2016, and to update and clarify the CFI’s role, fees, appointment,

complaints, sanctions and Standards of Practice, effective January 1, 2016.

Done in Denver, Colorado this day of , 2015.

Nancy E. Rice, Chief Justice

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